If you have been in a car accident, you may be wondering if you can make a claim against the other driver for your losses. The short answer is yes if the other driver was negligent and that negligence caused your injuries.
The attorneys at Anidjar & Levine can help you file a claim against the negligent driver with their insurance company. Call us today at 800-747-3733 for a free consultation.
What Does It Mean When a Driver is Negligent?
All drivers must operate their vehicles carefully and under control, to maintain a proper lookout, and to follow the rules of the road. When a driver fails in one or more of these duties and causes a crash that hurts other people, the driver is negligent and at fault.
If the Other Driver’s Negligence Caused My Injuries, What Damages Can I Recover from the Accident?
You can get compensation for two types of losses from the collision: economic damages and non-economic damages. Economic damages are easier to quantify regarding dollar value. Medical expenses and lost wages are two examples of economic damages. You can look at the hospital bills or employer records and add up the amount of the losses. Non-economic damages do not have a direct dollar value, so we calculate these losses using a formula based on the amount of the economic damages.
What Are Some Economic Damages That Can Result from a Crash?
You may be able to recover compensation for:
Physical injuries. The amount of recovery correlates with the severity of the injury. A shattered pelvis, for example, will get more compensation than a bruised knee.
Medical bills. The at-fault driver should pay your medical expenses. But for the driver’s negligence, you would not have the economic burden of the bills from the emergency room, ambulance, doctor, hospital, prescriptions, equipment and supplies, physical therapy, surgery, and medical treatments.
Residual impairment or disability. Even after completing treatment, many people are not the same physically after a car accident. If you experience continued impairment or disability after your doctor releases you from treatment, you may have a claim for your diminished physical condition. We use medical experts to prove the amount of your residual impairment or disability.
Lost wages. If you missed out on wages because of the wreck, your injuries, treatments, therapy, and recuperation, we would make a claim for your lost earnings. We obtain your employer’s records to establish your claim.
Decreased earning potential or changed career path. If you experienced life-changing injuries, your future earning potential might take a hit. You might even have to change your career path to accommodate your “new normal.” In these situations, we work with vocational experts to build your case for damages.
Transportation. If you are unable to drive to physical therapy, medical appointments, and your job for a while after the wreck, your transportation expenses might be compensable. These costs must be directly related to the accident.
Home-based services. You might be incapable of performing some of the daily tasks you used to do, like personal care and mobility, housekeeping, child care, and meal preparation, as a result of your injuries. The reasonable cost of paying for those services can be part of your damages claim.
What Are Examples of Non-Economic Damages From a Collision?
Although the dollar amounts are somewhat less predictable than economic damages, depending on the facts of your case, we can seek compensation for your:
Psychological trauma. If the accident was unusually disturbing, a person might suffer nightmares, insomnia, fear of driving or riding in a car, or other psychological harm. We can work with your treatment team to establish this claim.
Pain and suffering. Because payment for your medical bills does not begin to cover the pain you endured from your injuries, pain and suffering can be a compensable item of your damages. The amount of pain and suffering damages is different in each case. We will evaluate your claim and advise you of an expected range of recovery for your pain and suffering.
Loss of companionship or consortium. If your injuries interfered with your ability to participate in your close relationships, you might be able to recover for this loss. Your spouse may have a claim for his or her damages in missing out on your companionship or consortium (sexual relations) because of the wreck.
Loss of enjoyment of life. If you suffered psychological trauma, disfigurement, or residual impairment or disability as a result of the crash, you might not enjoy life as you did before the accident. Ongoing mobility issues, for example, may result in your being unable to engage in activities that you once enjoyed, like hiking, running, or walking the dog. Being terrified of getting into a car can make you a virtual recluse. Chronic depression after a wreck can take a toll on your relationships.
If you suffered injuries in a car accident that was not your fault, the Law Firm of Anidjar & Levine wants to help you. Call us today at 800-747-3733 for your free consultation.
We Can Help.